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From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through: 5/90 B.S. University of Arizona, College of Law From: 8/91 Through: 5/94 J.D. From: Through: From: Through: REV: 02/2018 2/16

Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

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Page 1: Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

From: 8/81 Through: 5/85 HS Diploma

Arizona State University From: 8/85 Through: 5/90 B.S.

University of Arizona, College of Law From: 8/91 Through: 5/94 J.D.

From: Through:

From: Through:

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Page 2: Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

Justice Studies.

College: Intern in the Securities Division, Arizona Corporation Commission in 1989. I worked closely with investigators and attorneys at the commission on securities fraud cases. While in college, I worked in sales at Dillard's Department Stores from 1985-1991. In 1985 I was hired at the Thomas Mall store. I started out in the coolest job in the world for an 18-year old: home electronics. We were one of the first stores in the valley to get the original Nintendo Entertainment System in stock. I also worked at Fiesta Mall after Thomas Mall closed. I also briefly worked at the Tucson Mall Dillard's before entering law school. While in Tucson, I worked in men's clothing and the men's and women's shoe departments. Law school: I wrote on to the Arizona Law Review and was a 2nd year writer and 3rd year editor. I was fortunate enough to secure a Rule 3 8( e) internship with the City of Tucson Prosecutor's Office. I also worked as a law clerk for a civil litigation firm in Tucson at Durazzo & Eckel, P.C. In addition, I was a sales representative for Barpassers Bar Review Course in 1992-93. I became Barpassers head sales representative at the University of Arizona Law School for 1993-94. Inter mural soccer was a fun distraction through UA. In addition, I joined the Phi Delta Phi legal fraternity. During my spare time, I spent as much as possible with my wife, Kirsten, whom I married between college and law school.

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Arizona; #016028; 10/22/1994. United States District Court of Arizona, 1/23/1995

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Page 3: Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

5) . ~~pl~h:i'U\yoll)1ave b~en denied adnlission to anf .Sfatfl:la'r~

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6) Curre11t {Jpo1'itle Employer l)'ate~~),;~f lmployin~rif

Deputy City Prosecutor - Phoenix Prosecutor's Office From: 10131194 Through: Bureau Chief Present

7) Descri~e'.. ~~ron°,lQgically, pl'OViding dates,, your J.aw. pi:~~tice. t';~c,l,,trelevan:t ~xi>e.rierice, 'fi9UQwf1i"''/7:our.· raduation from'law.scbool, s ¢~ificall t)}lijic~thf''~!fhlrfollowin }},;~ .

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1/1989-11/1989: AZ Corporation Commission, Securities Division; 1300 W. Washington St., 3rd Floor, Phoenix, AZ 85007; Investigative Intern 1992-94: Durazzo & Eckel, P.C., 45 N. Tucson Blvd, Tucson, AZ, 85716; Law clerk. 1994-Present: City of Phoenix Prosecutor's Office; 300 West Washington St., Phoenix, AZ 85003; Deputy City Prosecutor/Bureau Chief. I've worked in all bureaus of the office. Currently, I am a Deputy City Prosecutor/Bureau Chief, leading the Community Prosecution and Appeals Bureau. Immediately prior I was a Deputy City Prosecutor/Bureau Chief of the Charging Bureau. Prior to that I was an Assistant Bureau Chief in the Trial Bureau. Before that, I was an Appeals Bureau attorney after over 9 years in the Community Prosecution Bureau, four years in the Trial Bureau, three years in Special Prosecutions (renamed Community Prosecution), and three years in the Charging Bureau.

If, p~s~ri9e,t.~¢ "t)',e~s of pajor 91ients ypu bave served and.~~p.1j.gp. 0are~~ 51fJa,w3;iB .. ih!9h yo~ have ~r,~cj~lizeg qi fo9µsed. Give details ofany regµlar s~ryj~e You haye)rq~id~a in a1idljcj~

Ca,'8.Cl /,_ >,'"J:f ; ,f, ,

Representation of the City of Phoenix and State of Arizona in misdemeanor criminal cases, civil traffic cases, civil zoning and property/environmental cases, civil asset forfeiture cases, and motions, special actions and appeals. In addition, I've represented the City of Phoenix in administrative hearings before the Arizona Liquor Board upon Phoenix City Council disapprovals on applications for liquor licenses in the City of Phoenix and on appellate hearings in the Maricopa County Superior Court.

F~ Pro:vjde ap.yothe1feleyant information. ',,;," J,"!~ /,~'',;;'»t?':';(;;:,~",,(<<,' .' 'i,/,/:,,,t: y :, '. ' ,, ✓

I am very experienced with this high-volume and well-respected court as my career centered primarily in and around this Court. During my career as a prosecutor for Phoenix, I've had the opportunity to handle a wide variety of cases from civil traffic, civil environmental cases, civil property abatements, criminal arraignments, criminal pretrial conferences, bench trials, jury trials, motions, appeals, special actions, post-conviction relief petitions, bond-review court, jail court (now Initial Appearance Court), and charging cases. I have negotiated thousands of plea agreements on a variety of charges, as well as complex settlement agreements on civil zoning and environmental cases in the Phoenix Municipal Court. I have experience in supervision, leadership and personnel matters as an Assistant Bureau Chief and more recently as a Bureau Chief/Deputy City Prosecutor in the Prosecutor's Office. I volunteered in diversion programs such as the Solicitation Diversion by addressing the participants on the legal and community impact of prostitution. In addition, I volunteered multiple times at Project Rose, a unique, progressive prostitution diversion program at the very front end of the system. I served as an initial appearance prosecutor in a collaborative effort with the Phoenix Municipal Court, the Phoenix Police Department, and the Phoenix Public Defender's Office. This special program, "New Opportunity Warrant Clear Up (NOWcU)," encouraged defendants to resolve outstanding warrants in the Phoenix Municipal Court building initially and subsequently at a remote location at Orangewood Church in Phoenix.

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As a prosecutor in the Phoenix Municipal Court since 1994, I have appeared frequently in court on a variety of matters, including criminal arraignments, civil and criminal traffic hearings, swearing out criminal complaints, initial appearance court, pretrial disposition conferences, civil zoning and property maintenance hearings, sentencing and restitution hearings, bench trials, and jury trials. In addition, I have appeared on motion hearings in Phoenix Municipal Court and oral arguments in Maricopa County Superior Court on lower court appeals. I've handled administrative hearings before the Arizona State Liquor Board. In 1998, I handled a special action trial on the merits in Maricopa County Superior Court before the Honorable William Schafer.

</ ti 1:J~dic~fitKe~r€ff£<?D.ta,~~ of the~~ ~P1'~¥anc~ s befw~~~Jn: '~~,Tt~,c9filti)P~~-"",~· ,/;ci-, ,,, ,,/' ,;; // J;);,;,/,<;,,,, ," ,,/ / ,,,,,·,,✓,;,,,

Federal Courts O State Courts of Record 2 Justice Courts 0

City Courts 96 Administrative Boards or Commissions 2

Jury 12

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1) One of the most significant cases I've ever handled as a prosecutor involved the very large, seriously dilapidated Woodbridge apartment complex. The significance of the case consists of the victimization of the residents through lack of indoor cooling in Phoenix, Arizona, slum-like conditions, the extensive municipal court fines urged and awarded under enterprise liability, and the ultimate improvement of the conditions at the property for the residents. I tried the case along with co-counsel, Barbara Parascandola and I handled the criminal appeal. Trial Defense Counsel: Gregory G. McGill, Gregory G. McGill PC, 4421 N 75th Street, Suite 101, Scottsdale, AZ, 85251 and on appeal, Tracey Westerhausen, Debus Kazan & Westerhausen LTD, 335 E. Palm Lane, Phoenix, AZ 85004. The civil portion of the case was tried before the Hon. Rosemarie Gavin, Phoenix Municipal Court. Judge Lori Metcalf resided over the criminal trial. Attached is a summ of the roceedin s and dis ositions. 2) · High profile code violation case. I prosecuted Sherwin Seyrafi, a property owner who was the sole officer of a corporation that owned approximately 40 rental properties in the Valley in the late 1990's. The significance of this case is that it involved a slumlord who had tenants living in deplorable conditions, including pools ofraw sewage, rotted wood, rusted coolers and other property maintenance violations. The case was heavily covered by many news stations. The case was tried before the Honorable Karyn Klausner on 10/17 /97 and 12/2/97. Defendant was convicted of multiple criminal charges. I handled the appeal in which the State prevailed. Defendant received 60 days in jail and this prosecution helped force the Defendant to divest himself of all his properties in Arizona. Defendant was represented at trial by Richard Gramlich, Carmichael & Powell PC, 7301 N 16th St Suite 103, Phoenix AZ 85020-5297 and on a eal b Richard Coffin er 6838 N 58th Dr Glendale AZ 85301. 3) DUL The significance of the case is that this was the Defendant's second DUI within a year. I prosecuted his prior case, for which he was convicted, after a jury trial, on 6/28/95, before the Honorable Jean Williams. On the second stop, the Defendant refused to submit to a breath test. The second DUI jury trial occurred on 5/23/96, before the Honorable Matias Tafoya. The Defendant was convicted of the second DUL He was represented at both trials by Mike Roth, Roth and Roth, 6900 E Camelback, Suite 810, Scottsdale, AZ 85251-2443.

4) I prosecuted a Defendant for criminal violations of the Neighborhood Preservation Ordinance and the Zoning Ordinance. The significance of the case is the Defendant's defense that he was a member of a Native American tribe and that, therefore, his house in the middle of northwest Phoenix was reservation land and the State had no jurisdiction over his property. The case was tried before the Honorable Sallie Gaines on 1/19/06 and 2/14/06. The Defendant was represented at trial by Taras K. Naum, 3839 N 3rd Street, Suite 400, Phoenix, AZ 85012-0001. The Defendant was found guilty and his convictions were affirmed on appeal. I also handled the appeal. The Defendant's attorney on appeal was Natalee Segal, Ballacer and Segal, 1095 E Indian School Road, Suite 600, Phoenix, AZ 85014-0001.

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5) I handled a civil enforcement and abatement case for Phoenix on a historic property on 17th A venue south of the State Capitol. The hearing was held before the Honorable Rosemarie Gavin, Division 401, Phoenix Municipal Court, August 25, 2006. The property was a rental property that had been in violation of numerous City ordinances for years. The property was originally a motor lodge. The case involved numerous civil citations and a request for property abatement to secure or demolish structures that were plagued by blight and crime. The property owner was represented by Christopher Lonn, Hymson Goldstein & Pantiliat, PLLC, 16427 North Scottsdale Road, Suite 300, Scottsdale, Arizona, 85254. I drafted a detailed settlement agreement that called for significant fines and abatement of the structure if the property was not brought into compliance by a date certain. Mr. Lonn and I worked together, and the property was brought into compliance as an asset instead of a blight on the community. The property was restored externally to a close copy of the original motor lodge.

9t .. ij~s~.nl;?~{;!l,llY'Significant arl,jtratiQn, ~nediaµon, 9r'li{\g!.P:9ll•··~!P~rie!(ce iot ~i§~ais,sec:J . 'b"'.·. ;./ ··:··/· . ·</'• ,, . . ·,·.,,.t:":f:··· :·,.'· / , ·~:r:· ·,::;/;;t,/~ ) :,:·:":.::, .. a ove. . . •.;.·•,::·, . " .... "'··· ,< ;.; <"•;.; .... ,, .....

I was assigned arbitration cases by the Maricopa County Superior Court between 2000 and 2003. Most of the cases were resolved prior to a hearing. I presided over the following hearings as the arbitrator:

1. Eddie Maxine Holley, et al. v. Richard Aguilar, et al., The hearing was held on March 15, 2001. The dispute involved a contract dispute over landscaping work. I found in favor of Plaintiff Holley against Defendant Roxanne Richards. I found in favor of Defendant Francisco Ramos Lopez on the claim by Plaintiff Holley. Salvador Ongaro, now with Davis Miles PLLC, 80 E. Rio Salado Parkway, Suite 401, Tempe, AZ, 85281 represented plaintiff Holley. Defendant Ramos Lopez represented himself at the hearing.

2. RSJ, Inc. v. Medical Solutions, LLC. This hearing was held on August 12, 2003. The significance of this matter is that the dispute was over a contract for labels on a nutritional shake product that was to receive widespread distribution. I found in favor of the Plaintiff for a portion of its claim but required the Plaintiff to credit the Defendant for product in Plaintiff's possession that Plaintiff refused to return. Robert Warnicke, Gordon Silver, 40 N. Central Avenue, Suite 2100, Phoenix, AZ, 85004, represented RSJ. Thomas G. Luikens, Ayers & Brown PC, 4227 N. 32nd Street, 1st Floor, Phoenix, AZ, 85018, represented the defendant.

I handled numerous civil asset forfeiture proceedings filed in the Maricopa County Superior Court. The cases arose from the seizure of property by the Phoenix Police Department's Drug Enforcement Bureau due to use of the property to facilitate drug sales activity or the property is the proceeds of the drug sales. In addition, I represented the Phoenix City Council at hearings before the Arizona Liquor Board on contested liquor license applications.

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Page 8: Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

:!0) If ~9~ta15f ~tha,':! :~~~n. ~)udge, ~escr!~! .not ~o!, thaJ!}iiff)9:fih~.:m,~~l:,.!~~~$~J!,~¥i~ I~tt~r~ ~•ed ?t oplll!~ns y~u ha~e.~ritten, or, a,tta~~:cop•~s .. ;q~~,f~~ .. ~iJffi~,fl{!~e i ;

o 101ons were re orted as well as citat1ons to an a ellate review of such o 101olis. · · · NIA

11) R!Y ~ y 9u ev~r J,een '-'.i;tga,ged in any occupMion, l}usb:ies§;~yf prof ~~.S!9~"'9$1',~1\J\u~n thf~ ; ·. ·raltice9flii:Worhoiciin .. ·ufiicial office?· Yes. :it esF,i;ij~t~t. ·vfiillfitfs';'inclllaiif'"'~dates: ·

Prior to becoming a lawyer, I worked in various jobs to help pay for my undergraduate and law school education and other life expenses. These jobs included work as a dishwasher, busboy, home renovation, and as a sales associate for Dillard's in the areas of electronics ( department eliminated by Dillard's in early l 990's), men's wear, and shoes (women's, men's and children's).

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12) Ar~ :r~u no.~ or bav.e you ever been all officer,:Pr dj~~(t9t 9:r:·oi~~rWisf e,if(ife~Jv, tile m,n11gell!tPt of. a:,y bu,siness ~nterpri~e? No: If yes, giY:f detlli,l~,:i#~l:u<lmg:;t!t,, ,i:iiine of. the "njetpri~e, the nature. of the business, the tit!e or ot!t~r des~ri,tiqn bf your p6~iti6'n, the nature of your• duties, and the terms of your service. . .· . . . . .

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13) Is it your i11tentioll to re~jgn such position and withdr:~w fr2yi anyJ>~~!~i,1>~tig.~J!1 the .. man11:gement Qf any o(~uch enterprises if you are appoipted? N/ A . . . ·.· : If no, please ~ipla.i11.···· .. .•. . . . •···.

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14) Have. yoµ ever been sued by a .client or a party? No. If yes, give fl~tails,; inclµi,li!tg dates. . . .• .. · . . . . . . . . . . .. ·• . .. .... !·.

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Page 10: Arizona State University From: 8/85 Through: 5/90 B.S. University … Smith.pdf · 2020-02-05 · From: 8/81 Through: 5/85 HS Diploma Arizona State University From: 8/85 Through:

Law Review Note: Departure Under the Federal Sentencing Guidelines: Should a Mitigating or Aggravating Circumstance be Deemed "Adequately Considered" Through "Negative Implication?" Arizona Law Review, Vol. 36, No. 1 (1994).

16) Artt)'~~,~~ontplian~~with the con,tin~i);'g legal tduc!l!i~~ tequir~D1~J!tSapplicablC'toyo11? Yes. .If yes, list the co11rses _and dates. of attendimce .'.for the fast two (2) years. . . .·

11/13/2019: Domestic Violence Overview and Update 10/23/2019: Prescription Drug DUI Cases 10/14/2019: Assault Strangulation Cases 9/24/2019: Protective Orders 9/19/2019: Marijuana DUI Cases 7/16/2019: Legislative Update 6/21/2019: Limited Jurisdiction Mental Health Courts & The Modem Prosecutor 6/20/2019: The 21st Century Trial 6/20/2019: Civility & Professionalism in the Practice of Law 5/3/2019: APAAC Criminal Year in Review 5/2/2019: Basics of 42 U.S.C. 1983 Claims 11/1/2018: Advanced Westlaw 7/10/2018: Legislative Updates 5/18/18: APAAC Criminal Year in Review 4/12/18: Inside the Criminal Mind: Stanton Samenow 8/10/17: Current Municipal Legal Issues: Sign Codes, Soliciting and Trespass 7/25/17: Criminal Law Legislative Update 5/12/17: AP AAC Criminal Year in Review 4/06/17: Criminal Law CLE 3/29/17: Fraud Detection and Prevention 3/22/17: Intersection of Charging and Trial - Domestic Violence 2/10/17: The Ethical Prosecutor

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• 17) Hsi;veyou t~~~~J any".s9urs~~ on]~jv ()tJect9r,e~·at ll,r~s~gfi~ij~gJf•fli!ifenc?slli3t:2~ school forµ~s, o:r"c9ntinuin · 1e. al eltucation seminars?:: ~s:.1{:'~}~"lease·.ci:~scribe.

I've served as a judge and evaluator at A.P.A.A.C. new prosecutor training sessions. I've also served as a moot court judge at the ASU Law School.

18) Lis,t aJy ~.9!10rs, prizes,,~wards,orpther fgrms of recognition which yo11 lt~v~fe,.~eNed othei: .· thkn 1hbse m~,t,i~Iieclj4 ·answers to the foregoing q~fjtio~s. · . · •;/;; .. ; · . . .· > • .. Awarded Misdemeanor Prosecutor of the Year through A.P.A.A.C., 2015 Nominated for Misdemeanor Prosecutor of the Year through A.P .A.A.C., 1998 Barrister Award, Phoenix Prosecutor's Office, Law Department, December 1995 UA Law School, Moot Court, Honorable Mention for brief writing

19) ListJHWPl!;i>li.c office$ ~fJd and dat~s. ' , ' '"/ , ,",; ,e

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/~~J ..... F!~t· i#~m~eritji>s:~~. ,Hivides ~i, PWf ~~sion,J.:~rga~~a;no~s;incl~~~t .. ~l!lf~lt~~-, ' :,;,:; /0 '>;; ,,//,, ', ;,/'' / ',\ H,;,,://'' > ,/ q, / : ' , ✓.'' ' ,,,;:' ' j ',,<t <; ' ,,'.\ ,,,//(/, :,,,;/,,,,0fa,<,' d ;j),,'f /,s,' ,,

State Bar of Arizona: Criminal Practice & Procedure Committee Member, 2012-Present Phi Delta Phi legal fraternity

fi . l}ptiotfal: 1.;i~f:wern~.i:f~lti~~ ., ~nd ,~tiviti~s in ciyif ·orij~,,~,n())lS,tj~~Jjg~gz~t)lsj~~f!~} · .. ,:,""~,;:,"<f;f;<; "//,/''(: '' ,,'",},,,, " /"?/?!V:/ , " ' ,' ,,C ', r✓/,'#Y«,'f ,;)'",; ''/""'')'d"

South Mountain Community College President's Advisory Council and Civic Engagement Committee. South Mountain Works Coalition, Phoenix, AZ

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21). List vocationalintere$tS and hobbies. . .. ·.· ·.· . 1 ;;,/; • . / . ... ·· •

Volunteer coach for youth soccer 2005 - 2019; Coach of two soccer teams simultaneously from 2009 until 2013 and 2016-17; Most recently a volunteer as head coach of a soccer team on which two of my three 15-year old children played; now a part-time assistant coach. Volunteer Assistant Coach with little league baseball; Family vacations to various areas of the U.S. and Arizona. My kids' activities & sports, including school, orchestra, soccer, gymnastics, volleyball, swim team, and baseball; spending time with my wife and five children playing board games, bike rides, homework, volunteering at church and in the community; swimming; making memories. Also, a love of history, reading, camping, hiking, movies. and nets. 22) .. T<>Y:~P:r kn(),w]edge, ~.as any CODlJ:llainJ ()f pr~fessio11,1 misco11~~~t ~x~r .. ~e~,+l~!l~d, in ?DY

jyij~ .. d!~~i~n, w~~r,-e any fo.-m of disciplinary action hafb~eil taken against you?. NotUfes,, when and where?. How was it resolved? ... . . . .. ; .• .·•·.

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23) H~veyou, ever beep. C()ilvicted ofany.111isdemean9r .. or felcn1y or violati()P:.PfJ~~JJ11.it'orD1 go4e}f ~!ljtart ~iJt!ce in t!ie u 11ited ·state.s or any JQreign' cou~tryl ·1

~ ~s~ /l(~e~" *hen a,11d • .. ·.. where? ''How was it resolved? .··. / .. .

2/93 m Tucson, Arizona; Misdemeanor dog-at-large. My dog slipped out the front door of our apartment, off her leash, as I loaded my car for a camping trip with my wife. I received a citation and pled guilty in Tucson City Court where I paid a $50.00 fine.

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24) Phoenix City Code 2-96C3 provides that merit shall be the primary consideration for the Judicial Selection Advisory Board in making recommendations to the City Council for appointment to judicial office. However, in making such recommendations, the Judicial Selection Advisory Board also has a duty to consider the diversity of the City's population. Please provide any information concerning yourself that you believe is relevant to the Judicial Selection Advisory Board's consideration of the diversity of the City's· population in evaluating your qualifications for appointment to judicial office.

See Attached.

25)Jriclude any fut(her.in(().l"lllation relative to your.candi~a,cy/or quali~cati()11s thatf()u wish to transmit.tofheJiicli~ial S~t~~tion Advisory Board at'this time:

1

.. · ;'. ;{,: ,. · ' ~·· ' ........ ' ~. •··

During my legal career, I believe I have developed a body of work and a reputation that demonstrates that I have the demeanor, experience, dedication, and temperament for a position on this bench. I have worked in the Phoenix Municipal Court for 25 years. I have an in-depth working knowledge of the Rules of Evidence and the Rules of Criminal Procedure, as well as applicable criminal codes and statutes. As a member of the executive branch, I am precluded from serving as a pro-tempore judge to gain that experience. But I have served in a quasi-judicial role as an arbitrator. I also have experience leading large staffs in the Prosecutor's Office as both a bureau chief and as an assistant bureau chief. I am fair, honest, and respectful of the individuals I interact with each day, whether they are coworkers, opposing counsel, judicial staff, witnesses, defendants, victims, or judges. I believe wholeheartedly in our justice system and firmly believe I have a duty to seek justice, while not losing sight of what that means. It is an honor and a privilege to serve the public. As a prosecutor, I have advocated strongly for my client, but I also sought to be fair and just. A core responsibility of public servants is to never lose sight of the fact that we serve all the public. I do so without being vindictive or arbitrary. Individuals should be held accountable, but fairly and justly. I believe public trust in the judiciary is paramount. For many of our citizens who come before the City of Phoenix Municipal Court, this is their first and possibly last contact with our judicial system. A judge should treat all those who come into the courtroom with dignity, fairness, and respect. A judge should be patient, impartial and unbiased, yet efficient and timely. I value the time of others as I know their time is so important and should not be taken for granted. I want to be entrusted with the incredible opportunity and solemn responsibility to put these principles into practice on the bench of the City of Phoenix.

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